House of Lords Journal Volume 12: 10 March 1668

DIE Martis, 10 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Adam Browne and others; who brought up (fn. 1) an Act on the Behalf of Dawes Wymondsall Esquire, for settling certain Customary Lands held of the Manor of Wymbleton, in the County of Surrey; to which their Lordships Concurrence is desired.

Sir J. Carter, Davis, Parry, & al. sued by Milward, for preventing the Importation of Foreign Cattle.

Upon Information given to this House, "That William Milward Gentleman sues Sir John Carter, Mutton Davies, William Parry, Thomas Humphreyes, and Roger Williams, Esquires, for acting in Pursuance of an Act of this Parliament against the Importing of Foreign Cattle; and that a Trial is to be had concerning the same at the Assizes at Worcester, on the 17th of this Month:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Judge of Assize be, and is hereby, desired to examine the whole Business, and to take such Order therein as he shall think fit; and of his Proceedings therein to make Report to this House.

Ravenscroft versus Sir J. Lenthall.

Whereas Counsel and Witnesses should have been this Day heard, at the Bar, upon the Case mentioned in the Petition of Thomas Ravenscroft and Dorothea his Wife, against Sir John Lenthall Knight, Marshal of The King's Bench Prison; the Counsel for the said Sir John Lenthall alledging that Thomas Lenthall and John Rivet, Two principal Witnesses to be produced on the Behalf of the said Sir John Lenthall, were gone out of Town before he had Notice of this Hearing:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Sir John Lenthall shall have Time till this Day Sevennight, being the 17th of March Instant, to produce the said Witnesses, at which Time this Court will proceed to hear Counsel and Witnesses on both Parts in the said Cause.

How, L. Crofts Servant, arrested.

Upon Complaint made to this House, "That John How, Servant to the Lord Crofts, a Peer of this Realm, is arrested, by Henry Walker, at the Suit of Mr. Stutefeild, sitting this Parliament, and is detained in the Gaol at St. Edmonds Bury, in the County of Suffolk, contrary to the Privilege of Parliament:"

Walker and Stutefield sent so.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John How be forthwith discharged of his present Restraint; and that Henry Walker who arrested the said John How, and also the said Mr. Stutefeild at whose Suit he was arrested, be, and are hereby, required, forthwith upon Sight of this Order, to appear at the Bar of this House, to answer their said Offences.

Ly. F. Savil's Bill.

Hodie 2^a vice lecta est Billa, "An Act for the better securing of a Portion of Five Thousand Pounds to and for the Lady Francis Savil an Infant, Daughter of Thomas late Earl of Sussex deceased, out of the Estate of James Earl of Sussex, an Infant, in Pursuance of the Will of the said Thomas Earl of Sussex."

ORDERED, That the Consideration of this Bill is committed to these Lords following:

Their Lordships, or any Five; to meet To-morrow, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and to hear all Persons concerned.

Bill against Atheism.

ORDERED, That the Bill against Atheism and Profaneness shall be debated in a Committee of the whole House on Saturday Morning next; and no other Business shall intervene.

Additional Bill against the Importation of Foreign Cattle.

Hodie 2^a vice lecta est Billa, "An additional Act against Importation of Foreign Cattle."

ORDERED, That the Consideration of this Bill is committed to the Committee for Trade; who are to meet To-morrow in the Afternoon, at Three of the Clock: And Mr. Attorney General and Serjeant Wyld are to attend the said Committee for this Bill.

The Bishop of Carlile and the Lord Herbert of Cherb. and the Lord Vaughan, are added to the Committee for Trade.

Accompts of Administrators Bill.

Hodie 2^a vice lecta est Billa, "An Act for the continuing and due ordering of the Accompts of Administrators."

ORDERED, That the Consideration of this Bill is committed to that Committee as is appointed to consider of the Bill concerning the Lady Francis Savil; to meet on Friday next, at Three of the Clock in the Afternoon. And some of the Judges and Doctor Walker are to attend their Lordships.

Maubert released.

Whereas Nicholas Maubert, now in the Custody of the Serjeant at Arms attending this House, for not obeying an Order of this House, made the 17th Day of February last, requiring him to re-pay unto Peter Belon the Sum of Fifteen Pounds, recovered by him from the said Peter Belon contrary to the Privilege of Parliament, hath since yielded Obedience thereunto, and made Satisfaction to the said Peter Belon, and humbly prays that he may therefore be discharged, being sorry for his said Offence:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas be, and is hereby, discharged from his present Restraint, paying his Fees due to the Officers of this House: And this shall be a sufficient Warrant on that Behalf.

Bill to be brought in for allowing Sir John Lenthall, and the Marshal of the King's Bench for the Time being, to be sued.

This Court being sensible of the Mischiefs and Inconveniencies which daily arise to the Subject, by the cunning Contrivements and Practices of Sir John Lenthall Knight, Marshal of the King's Bench Prison:

For preventing the like for the future, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Bill shall be prepared, to be offered to the Consideration of this House, whereby any Person or Persons that shall have Occasion to sue the said Sir John Lenthall as Marshal of the King's Bench Prison, or the Marshal of the said Prison for the Time being, may henceforth prosecure his or their Suits in any other of the Courts of Westminster Hall, as well and effectually as in the Court of King's Bench, whereof he is an Officer.

E of Lindsey, Berks, and Stamford, versus L. Cullen.

Whereas, by Order of this House, dated the 24th Day of February last, it was directed, "That Brian Lord Viscount Cullen, of the Kingdom of Ireland, shall put in his Answer in Writing to the Petition of Robert Earl of Lyndsey Lord Great Chamberlain of England, Thomas Earl of Berks and Elizabeth his Wife, Henry Earl of Stanford and Anne his Wife, (which Elizabeth and Anne were Sisters and Coheirs of Diana late Countess of Oxford deceased), claiming a Title to the Honour and Manor of Hedingham, alias Henningham, in the County of Essex, with the Appurtenances now in the Possession of the said Lord Viscount Cullen, on Thursday the 26th Day of this Instant March:"

It is this Day ORDERED, That the said Lord Viscount Cullen shall have Time to put in his said Answer in Writing, till the First Day of the Sitting of this House next after Easter Week.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 11^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.